ICR Attachment 2 - 40 CFR 745, Subpart F

OMB Control Number 2070-0151; EPA ICR Number 1710.05
ICR ATTACHMENT 2
40 CFR 745, Subpart F

Environmental Protection Agency

§ 745.100

§ 745.88 Acknowledgment and certification statements.
(a)(1) Acknowledgment statement. As
required under § 745.85(c)(1), acknowledgments shall include a statement of
receipt of the pamphlet prior to the
start of renovation, the address of the
unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature.
(2) Sample acknowledgment language.
The following is a sample of language
that could be used for such acknowledgments:
I have received a copy of the pamphlet, Protect Your Family From Lead In Your Home, informing me of the potential risk of lead hazard exposure from renovation activity to be
performed in my dwelling unit. I received
this pamphlet before the work began.
lllllllllllllllllllll
lllllllllllllllllllll
Printed Name and Signature

Printed Name and Signature
lllllllllllllllllllll
Date
lllllllllllllllllllll
lllllllllllllllllllll
Unit Address
Attempted delivery dates and times:

(ii) Refusal to sign.
I certify that I have made a good faith effort to deliver the pamphlet, Protect Your
Family From Lead In Your Home, to the unit
listed below, and that the occupant was unavailable to sign the acknowledgment. I further certify that I have left a copy of the
pamphlet at the unit by sliding it under the
door.
lllllllllllllllllllll
lllllllllllllllllllll
Printed Name and Signature
lllllllllllllllllllll
Date
lllllllllllllllllllll
lllllllllllllllllllll
Unit Address

lllllllllllllllllllll
Date
lllllllllllllllllllll
lllllllllllllllllllll
Unit Address

Attempted delivery dates and times:

(b)(1) Certification of attempted delivery. When an occupant is unavailable
for signature or refuses to sign the acknowledgment of receipt of the pamphlet, the renovator is permitted (per
§ 745.85(a)(2)(i)) to certify delivery for
each instance. The certification shall
include the address of the unit undergoing renovation, the date and method
of delivery of the pamphlet, names of
the persons delivering the pamphlet,
reason for lack of acknowledgment
(e.g. occupant refuses to sign, no adult
occupant available), the signature of
the renovator, and the date of signature.
(2) Sample certification language. The
following is a sample of language that
could be used under those circumstances:
(i) Unavailable for signature.

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have left a copy of the pamphlet at the unit
with the occupant.
lllllllllllllllllllll
lllllllllllllllllllll

I certify that I have made a good faith effort to deliver the pamphlet, Protect Your
Family From Lead In Your Home, to the unit
listed below at the dates and times indicated, and that the occupant refused to sign
the acknowledgment. I further certify that I

Subpart F—Disclosure of Known
Lead-Based
Paint
and/or
Lead-Based Paint Hazards
Upon Sale or Lease of Residential Property
§ 745.100

Purpose.

This subpart implements the provisions of 42 U.S.C. 4852d, which impose
certain requirements on the sale or
lease of target housing. Under this subpart, a seller or lessor of target housing shall disclose to the purchaser or
lessee the presence of any known leadbased paint and/or lead-based paint
hazards; provide available records and
reports; provide the purchaser or lessee
with a lead hazard information pamphlet; give purchasers a 10-day opportunity to conduct a risk assessment or
inspection; and attach specific disclosure and warning language to the sales
or leasing contract before the purchaser or lessee is obligated under a
contract to purchase or lease target
housing.

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§ 745.101

40 CFR Ch. I (7–1–07 Edition)

§ 745.101 Scope and applicability.
This subpart applies to all transactions to sell or lease target housing,
including subleases, with the exception
of the following:
(a) Sales of target housing at foreclosure.
(b) Leases of target housing that
have been found to be lead-based paint
free by an inspector certified under the
Federal certification program or under
a federally accredited State or tribal
certification program. Until a Federal
certification program or federally accredited State certification program is
in place within the State, inspectors
shall be considered qualified to conduct
an inspection for this purpose if they
have received certification under any
existing State or tribal inspector certification program. The lessor has the
option of using the results of additional test(s) by a certified inspector to
confirm or refute a prior finding.
(c) Short-term leases of 100 days or
less, where no lease renewal or extension can occur.
(d) Renewals of existing leases in target housing in which the lessor has previously disclosed all information required under § 745.107 and where no new
information described in § 745.107 has
come into the possession of the lessor.
For the purposes of this paragraph, renewal shall include both renegotiation
of existing lease terms and/or ratification of a new lease.

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§ 745.102 Effective dates.
The requirements in this subpart
take effect in the following manner:
(a) For owners of more than four residential dwellings, the requirements
shall take effect on September 6, 1996.
(b) For owners of one to four residential dwellings, the requirements shall
take effect on December 6, 1996.
§ 745.103 Definitions.
The following definitions apply to
this subpart.
The Act means the Residential LeadBased Paint Hazard Reduction Act of
1992, 42 U.S.C. 4852d.
Agent means any party who enters
into a contract with a seller or lessor,
including any party who enters into a
contract with a representative of the
seller or lessor, for the purpose of sell-

ing or leasing target housing. This
term does not apply to purchasers or
any purchaser’s representative who receives all compensation from the purchaser.
Available means in the possession of
or reasonably obtainable by the seller
or lessor at the time of the disclosure.
Common area means a portion of a
building generally accessible to all
residents/users including, but not limited to, hallways, stairways, laundry
and recreational rooms, playgrounds,
community centers, and boundary
fences.
Contract for the purchase and sale of
residential real property means any contract or agreement in which one party
agrees to purchase an interest in real
property on which there is situated one
or more residential dwellings used or
occupied, or intended to be used or occupied, in whole or in part, as the home
or residence of one or more persons.
EPA means the Environmental Protection Agency.
Evaluation means a risk assessment
and/or inspection.
Foreclosure means any of the various
methods,
statutory
or
otherwise,
known in different jurisdictions, of enforcing payment of a debt, by the taking and selling of real property.
Housing for the elderly means retirement communities or similar types of
housing reserved for households composed of one or more persons 62 years
of age or more at the time of initial occupancy.
HUD means the U.S. Department of
Housing and Urban Development.
Inspection means:
(1) A surface-by-surface investigation
to determine the presence of lead-based
paint as provided in section 302(c) of
the Lead-Based Paint Poisoning and
Prevention Act [42 U.S.C. 4822], and
(2) The provision of a report explaining the results of the investigation.
Lead-based paint means paint or other
surface coatings that contain lead
equal to or in excess of 1.0 milligram
per square centimeter or 0.5 percent by
weight.
Lead-based paint free housing means
target housing that has been found to
be free of paint or other surface coatings that contain lead equal to or in

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Environmental Protection Agency

§ 745.107

excess of 1.0 milligram per square centimeter or 0.5 percent by weight.
Lead-based paint hazard means any
condition that causes exposure to lead
from lead-contaminated dust, lead-contaminated soil, or lead-contaminated
paint that is deteriorated or present in
accessible surfaces, friction surfaces,
or impact surfaces that would result in
adverse human health effects as established by the appropriate Federal agency.
Lessee means any entity that enters
into an agreement to lease, rent, or
sublease target housing, including but
not limited to individuals, partnerships, corporations, trusts, government
agencies, housing agencies, Indian
tribes, and nonprofit organizations.
Lessor means any entity that offers
target housing for lease, rent, or sublease, including but not limited to individuals, partnerships, corporations,
trusts, government agencies, housing
agencies, Indian tribes, and nonprofit
organizations.
Owner means any entity that has
legal title to target housing, including
but not limited to individuals, partnerships, corporations, trusts, government
agencies, housing agencies, Indian
tribes, and nonprofit organizations, except where a mortgagee holds legal
title to property serving as collateral
for a mortgage loan, in which case the
owner would be the mortgagor.
Purchaser means an entity that enters into an agreement to purchase an
interest in target housing, including
but not limited to individuals, partnerships, corporations, trusts, government
agencies, housing agencies, Indian
tribes, and nonprofit organizations.
Reduction means measures designed
to reduce or eliminate human exposure
to lead-based paint hazards through
methods including interim controls
and abatement.
Residential dwelling means:
(1) A single-family dwelling, including attached structures such as porches
and stoops; or
(2) A single-family dwelling unit in a
structure that contains more than one
separate residential dwelling unit, and
in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the residence of one or more persons.

Risk assessment means an on-site investigation to determine and report
the existence, nature, severity, and location of lead-based paint hazards in
residential dwellings, including:
(1) Information gathering regarding
the age and history of the housing and
occupancy by children under age 6;
(2) Visual inspection;
(3) Limited wipe sampling or other
environmental sampling techniques;
(4) Other activity as may be appropriate; and
(5) Provision of a report explaining
the results of the investigation.
Secretary means the Secretary of
Housing and Urban Development.
Seller means any entity that transfers
legal title to target housing, in whole
or in part, in return for consideration,
including but not limited to individuals,
partnerships,
corporations,
trusts, government agencies, housing
agencies, Indian tribes, and nonprofit
organizations. The term ‘‘seller’’ also
includes:
(1) An entity that transfers shares in
a cooperatively owned project, in return for consideration; and
(2) An entity that transfers its interest in a leasehold, in jurisdictions or
circumstances where it is legally permissible to separate the fee title from
the title to the improvement, in return
for consideration.
Target housing means any housing
constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less
than 6 years of age resides or is expected to reside in such housing) or
any 0-bedroom dwelling.
TSCA means the Toxic Substances
Control Act, 15 U.S.C. 2601.
0-bedroom dwelling means any residential dwelling in which the living area is
not separated from the sleeping area.
The term includes efficiencies, studio
apartments, dormitory housing, military barracks, and rentals of individual
rooms in residential dwellings.
§ 745.107 Disclosure requirements for
sellers and lessors.
(a) The following activities shall be
completed before the purchaser or lessee is obligated under any contract to
purchase or lease target housing that
is not otherwise an exempt transaction

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§ 745.110

40 CFR Ch. I (7–1–07 Edition)

pursuant to § 745.101. Nothing in this
section implies a positive obligation on
the seller or lessor to conduct any evaluation or reduction activities.
(1) The seller or lessor shall provide
the purchaser or lessee with an EPAapproved lead hazard information pamphlet. Such pamphlets include the EPA
document entitled Protect Your Family
From Lead in Your Home (EPA #747-K94-001) or an equivalent pamphlet that
has been approved for use in that State
by EPA.
(2) The seller or lessor shall disclose
to the purchaser or lessee the presence
of any known lead-based paint and/or
lead-based paint hazards in the target
housing being sold or leased. The seller
or lessor shall also disclose any additional information available concerning the known lead-based paint
and/or lead-based paint hazards, such
as the basis for the determination that
lead-based paint and/or lead-based
paint hazards exist, the location of the
lead-based paint and/or lead-based
paint hazards, and the condition of the
painted surfaces.
(3) The seller or lessor shall disclose
to each agent the presence of any
known lead-based paint and/or leadbased paint hazards in the target housing being sold or leased and the existence of any available records or reports
pertaining to lead-based paint and/or
lead-based paint hazards. The seller or
lessor shall also disclose any additional
information available concerning the
known lead-based paint and/or leadbased paint hazards, such as the basis
for the determination that lead-based
paint and/or lead-based paint hazards
exist, the location of the lead-based
paint and/or lead-based paint hazards,
and the condition of the painted surfaces.
(4) The seller or lessor shall provide
the purchaser or lessee with any
records or reports available to the seller or lessor pertaining to lead-based
paint and/or lead-based paint hazards
in the target housing being sold or
leased. This requirement includes
records or reports regarding common
areas. This requirement also includes
records or reports regarding other residential dwellings in multifamily target
housing, provided that such information is part of an evaluation or reduc-

tion of lead-based paint and/or leadbased paint hazards in the target housing as a whole.
(b) If any of the disclosure activities
identified in paragraph (a) of this section occurs after the purchaser or lessee has provided an offer to purchase or
lease the housing, the seller or lessor
shall complete the required disclosure
activities prior to accepting the purchaser’s or lessee’s offer and allow the
purchaser or lessee an opportunity to
review the information and possibly
amend the offer.
§ 745.110 Opportunity to conduct an
evaluation.
(a) Before a purchaser is obligated
under any contract to purchase target
housing, the seller shall permit the
purchaser a 10-day period (unless the
parties mutually agree, in writing,
upon a different period of time) to conduct a risk assessment or inspection
for the presence of lead-based paint
and/or lead-based paint hazards.
(b) Not withstanding paragraph (a) of
this section, a purchaser may waive
the opportunity to conduct the risk assessment or inspection by so indicating
in writing.
§ 745.113 Certification and
edgment of disclosure.

(a) Seller requirements. Each contract
to sell target housing shall include an
attachment containing the following
elements, in the language of the contract (e.g., English, Spanish):
(1) A Lead Warning Statement consisting of the following language:
Every purchaser of any interest in residential real property on which a residential
dwelling was built prior to 1978 is notified
that such property may present exposure to
lead from lead-based paint that may place
young children at risk of developing lead
poisoning. Lead poisoning in young children
may produce permanent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems,
and impaired memory. Lead poisoning also
poses a particular risk to pregnant women.
The seller of any interest in residential real
property is required to provide the buyer
with any information on lead-based paint
hazards from risk assessments or inspections
in the seller’s possession and notify the

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Environmental Protection Agency

§ 745.113

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buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

(2) A statement by the seller disclosing the presence of known leadbased paint and/or lead-based paint
hazards in the target housing being
sold or indicating no knowledge of the
presence of lead-based paint and/or
lead-based paint hazards. The seller
shall also provide any additional information
available
concerning
the
known lead-based paint and/or leadbased paint hazards, such as the basis
for the determination that lead-based
paint and/or lead-based paint hazards
exist, the location of the lead-based
paint and/or lead-based paint hazards,
and the condition of the painted surfaces.
(3) A list of any records or reports
available to the seller pertaining to
lead-based paint and/or lead-based
paint hazards in the housing that have
been provided to the purchaser. If no
such records or reports are available,
the seller shall so indicate.
(4) A statement by the purchaser affirming receipt of the information set
out in paragraphs (a)(2) and (a)(3) of
this section and the lead hazard information pamphlet required under 15
U.S.C. 2696.
(5) A statement by the purchaser that
he/she has either:
(i) Received the opportunity to conduct the risk assessment or inspection
required by § 745.110(a); or
(ii) Waived the opportunity.
(6) When one or more agents are involved in the transaction to sell target
housing on behalf of the seller, a statement that:
(i) The agent has informed the seller
of the seller’s obligations under 42
U.S.C. 4852d; and
(ii) The agent is aware of his/her duty
to ensure compliance with the requirements of this subpart.
(7) The signatures of the sellers,
agents, and purchasers certifying to
the accuracy of their statements to the
best of their knowledge, along with the
dates of signature.
(b) Lessor requirements. Each contract
to lease target housing shall include,
as an attachment or within the contract, the following elements, in the

language of the contract (e.g., English,
Spanish):
(1) A Lead Warning Statement with
the following language:
Housing built before 1978 may contain leadbased paint. Lead from paint, paint chips,
and dust can pose health hazards if not managed properly. Lead exposure is especially
harmful to young children and pregnant
women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based
paint and/or lead-based paint hazards in the
dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning
prevention.

(2) A statement by the lessor disclosing the presence of known leadbased paint and/or lead-based paint
hazards in the target housing being
leased or indicating no knowledge of
the presence of lead-based paint and/or
lead-based paint hazards. The lessor
shall also disclose any additional information
available
concerning
the
known lead-based paint and/or leadbased paint hazards, such as the basis
for the determination that lead-based
paint and/or lead-based paint hazards
exist, the location of the lead-based
paint and/or lead-based paint hazards,
and the condition of the painted surfaces.
(3) A list of any records or reports
available to the lessor pertaining to
lead-based paint and/or lead-based
paint hazards in the housing that have
been provided to the lessee. If no such
records or reports are available, the
lessor shall so indicate.
(4) A statement by the lessee affirming receipt of the information set out
in paragraphs (b)(2) and (b)(3) of this
section and the lead hazard information pamphlet required under 15 U.S.C.
2696.
(5) When one or more agents are involved in the transaction to lease target housing on behalf of the lessor, a
statement that:
(i) The agent has informed the lessor
of the lessor as obligations under 42
U.S.C. 4852d; and
(ii) The agent is aware of his/her duty
to ensure compliance with the requirements of this subpart.
(6) The signatures of the lessors,
agents, and lessees, certifying to the
accuracy of their statements, to the

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§ 745.115

40 CFR Ch. I (7–1–07 Edition)

best of their knowledge, along with the
dates of signature.
(c) Retention of Certification and Acknowledgment Information.
(1) The seller, and any agent, shall
retain a copy of the completed attachment required under paragraph (a) of
this section for no less than 3 years
from the completion date of the sale.
The lessor, and any agent, shall retain
a copy of the completed attachment or
lease contract containing the information required under paragraph (b) of
this section for no less than 3 years
from the commencement of the leasing
period.
(2) This recordkeeping requirement is
not intended to place any limitations
on civil suits under the Act, or to otherwise affect a lessee’s or purchaser’s
rights under the civil penalty provisions of 42 U.S.C. 4852d(b)(3).
(d) The seller, lessor, or agent shall
not be responsible for the failure of a
purchaser’s or lessee’s legal representative (where such representative receives all compensation from the purchaser or lessee) to transmit disclosure
materials to the purchaser or lessee,
provided that all required parties have
completed and signed the necessary
certification and acknowledgment language required under paragraphs (a)
and (b) of this section.

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§ 745.115

Agent responsibilities.

(a) Each agent shall ensure compliance with all requirements of this subpart. To ensure compliance, the agent
shall:
(1) Inform the seller or lessor of his/
her obligations under §§ 745.107, 745.110,
and 745.113.
(2) Ensure that the seller or lessor
has performed all activities required
under §§ 745.107, 745.110, and 745.113, or
personally ensure compliance with the
requirements of §§ 745.107, 745.110, and
745.113.
(b) If the agent has complied with
paragraph (a)(1) of this section, the
agent shall not be liable for the failure
to disclose to a purchaser or lessee the
presence of lead-based paint and/or
lead-based paint hazards known by a
seller or lessor but not disclosed to the
agent.

§ 745.118

Enforcement.

(a) Any person who knowingly fails
to comply with any provision of this
subpart shall be subject to civil monetary penalties in accordance with the
provisions of 42 U.S.C. 3545 and 24 CFR
part 30.
(b) The Secretary is authorized to
take such action as may be necessary
to enjoin any violation of this subpart
in the appropriate Federal district
court.
(c) Any person who knowingly violates the provisions of this subpart
shall be jointly and severally liable to
the purchaser or lessee in an amount
equal to 3 times the amount of damages incurred by such individual.
(d) In any civil action brought for
damages
pursuant
to
42
U.S.C.
4852d(b)(3), the appropriate court may
award court costs to the party commencing such action, together with
reasonable attorney fees and any expert witness fees, if that party prevails.
(e) Failure or refusal to comply with
§ 745.107 (disclosure requirements for
sellers and lessors), § 745.110 (opportunity to conduct an evaluation),
§ 745.113 (certification and acknowledgment of disclosure), or § 745.115 (agent
responsibilities) is a violation of 42
U.S.C. 4852d(b)(5) and of TSCA section
409 (15 U.S.C. 2689).
(f) Violators may be subject to civil
and criminal sanctions pursuant to
TSCA section 16 (15 U.S.C. 2615) for
each violation. For purposes of enforcing this subpart, the penalty for each
violation applicable under 15 U.S.C.
2615 shall not be more than $11,000 for
all violations occuring after July 28,
1997; all violations occuring on or prior
to that date are subject to a penalty
not more than $10,000.
[61 FR 9085, Mar. 6, 1996, as amended at 62 FR
35041, June 27, 1997]

§ 745.119 Impact on State and local requirements.
Nothing in this subpart shall relieve
a seller, lessor, or agent from any responsibility for compliance with State
or local laws, ordinances, codes, or regulations governing notice or disclosure
of known lead-based paint or leadbased paint hazards. Neither HUD nor

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Environmental Protection Agency

§ 745.223

EPA assumes any responsibility for ensuring compliance with such State or
local requirements.

Subparts G–K [Reserved]
Subpart L—Lead-Based Paint
Activities
SOURCE: 61 FR 45813, Aug. 29, 1996, unless
otherwise noted.

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§ 745.220

Scope and applicability.

(a) This subpart contains procedures
and requirements for the accreditation
of lead-based paint activities training
programs, procedures and requirements
for the certification of individuals and
firms engaged in lead-based paint activities, and work practice standards
for performing such activities. This
subpart also requires that, except as
discussed below, all lead-based paint
activities, as defined in this subpart, be
performed by certified individuals and
firms.
(b) This subpart applies to all individuals and firms who are engaged in
lead-based paint activities as defined in
§ 745.223, except persons who perform
these activities within residential
dwellings that they own, unless the
residential dwelling is occupied by a
person or persons other than the owner
or the owner’s immediate family while
these activities are being performed, or
a child residing in the building has
been identified as having an elevated
blood lead level. This subpart applies
only in those States or Indian Country
that do not have an authorized State or
Tribal program pursuant to § 745.324 of
subpart Q.
(c) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction
over any property or facility, or engaged in any activity resulting, or
which may result, in a lead-based paint
hazard, and each officer, agent, or employee thereof shall be subject to, and
comply with, all Federal, State, interstate, and local requirements, both
substantive and procedural, including
the requirements of this subpart regarding lead-based paint, lead-based

paint activities, and lead-based paint
hazards.
(d) While this subpart establishes
specific requirements for performing
lead-based paint activities should they
be undertaken, nothing in this subpart
requires that the owner or occupant
undertake any particular lead-based
paint activity.
§ 745.223 Definitions.
The definitions in subpart A apply to
this subpart. In addition, the following
definitions apply.
Abatement means any measure or set
of measures designed to permanently
eliminate lead-based paint hazards.
Abatement includes, but is not limited
to:
(1) The removal of paint and dust, the
permanent enclosure or encapsulation
of lead-based paint, the replacement of
painted surfaces or fixtures, or the removal or permanent covering of soil,
when lead-based paint hazards are
present in such paint, dust or soil; and
(2) All preparation, cleanup, disposal,
and post-abatement clearance testing
activities associated with such measures.
(3) Specifically, abatement includes,
but is not limited to:
(i) Projects for which there is a written contract or other documentation,
which provides that an individual or
firm will be conducting activities in or
to a residential dwelling or child-occupied facility that:
(A) Shall result in the permanent
elimination of lead-based paint hazards; or
(B) Are designed to permanently
eliminate lead-based paint hazards and
are described in paragraphs (1) and (2)
of this definition.
(ii) Projects resulting in the permanent elimination of lead-based paint
hazards, conducted by firms or individuals certified in accordance with
§ 745.226, unless such projects are covered by paragraph (4) of this definition;
(iii) Projects resulting in the permanent elimination of lead-based paint
hazards, conducted by firms or individuals who, through their company name
or promotional literature, represent,
advertise, or hold themselves out to be
in the business of performing leadbased paint activities as identified and

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